Client’s Problem

The client was charged with second degree murder arising from a drunken confrontation with another young man. When interviewed by the police after speaking to counsel the client admitted to stabbing the young man but said he did not intend to kill him.

Instructions

Defend charge and attempt to reduce the charge from murder to manslaughter.

The Preliminary Inquiry

The evidence led by the Crown established that the client and his friends had been drinking heavily throughout the afternoon and evening of the day of the incident. The deceased and the client were dating the same girl. All three of them were drinking together and were later joined by the deceased best friend. At some point the deceased became upset at the client and started to berate him verbally, throw planters at the house, and demanding that he come outside and confront him. When the deceased was beating up and biting their respective girlfriend, the client exited the premises with a large kitchen knife and said: “I’ve got a knife you better watch out.”

The deceased reacted to the presence of the client by charging at him and right into the knife. The deceased suffered a single stab wound to the stomach which nicked his iliac artery. He was rushed to the local hospital and then transferred to Vancouver General Hospital. He died en route.

The Provincial Court Judge committed the client to trial and reduced the charge from murder to manslaughter.

Plea and Sentencing

The client wished to plead guilty to manslaughter. He was able to do so before the same provincial court judge as a result of waiving eight other charges in from Ontario. The client received a total jail sentence of four years for the manslaughter and the Ontario charges. He was given credit for time served awaiting trial resulting in a remaining jail term of ten months.